Madhaba Digal vs State Of Odisha

Sashikanta Mishra, J

This matter is taken up through hybrid mode.

Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

The petitioner is in custody since 14th November, 2019 in connection with C.T. Case No.57/2019 corresponding to Gochhapada P.S. Case No.75/2019 pending in the court of learned Special Judge, Phulbani for the alleged commission of the offence under Section 20(b)(ii)(C) of the NDPS Act.

It is alleged that the Petitioner and another person were transporting contraband ganja weighing 75 kgs. in an Indigo Car when they were apprehended by Police. It is submitted that despite being in custody for such long period trial is yet to conclude. There is also no possibility of the trial being concluded any time in the near future. The Petitioner has spent more than two and half years in custody and trial has not concluded as yet. Under such circumstances, the bar under Section 37 of the N.P.S. Act cannot be pressed into service by the prosecution. As such, I am inclined to allow the prayer for bail.

Let the Petitioner be released on bail on such terms and conditions as may be imposed by the court in seisin over the matter including the condition that he shall appear before the trial court on each date of posting of the case and in case of even a single default, necessary orders shall be passed by the Court to take him to custody again.

The BLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

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